-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

WJPBR Email News List [EMAIL PROTECTED]
Peace at any cost is a prelude to war!

Thank you all for your support, your prayers, your letters to us and to
Congress. Our attention over the next two months is now going to be in the
area of legislation. We are proposing a bill that would clarify the law,
making it clear that it is illegal to FORCE an American to serve any
foreign power against their will, except in times of a war declared by
Congress, as set forth in the Constitution. We'll be sending you a copy of
that bill as soon as we have a number -- look for it!

Daniel New

Below is a summary of the 4 February hearing that we have compiled from
various news reports.


US COURT of APPEALS for the ARMED FORCES
  Hearing on 4 February 2000

The US Court of Appeals for the Armed Forces heard arguments on Friday in
the case of Michael New, the American soldier court-martialed in 1996 for
refusing to remove his Army insignia and cap and replace them with those
issued by the United Nations.

In 1995, Army Specialist Michael New was assigned to the Army's 3rd
Infantry Division stationed in Germany when his company was informed  that
they would be deployed to Macedonia as part of a peacekeeping mission.

Those orders came as a result of Bill Clinton's Presidential Decision
Directive 25 (PDD 25), a classified document, which New's attorney Hank
Hamilton argued before the five judge panel was an illegal and
unconstitutional effort by the president to avoid congressional scrutiny.

Hamilton also argued that the court martial judge violated New's rights
under the Uniform Code of Military Justice by not allowing the defense to
present its evidence and declaring that New's refusal was illegal before
sending the jury panel into deliberations.

Government attorneys argued that New's conviction should stand since "the
military lives and dies by soldiers following orders," irrespective of
whether they believe certain orders are illegal. Hamilton replied to the
court that this issue was settled at Nuremberg.

On the morning of October 10, 1995, New's battalion was to report in
formation wearing the UN uniform.

"No one had given me an answer to my questions regarding the legality of
this order," New said, "therefore I showed up in my regulation US Army
issued uniform."

The remaining 549 soldiers complied and appeared in formation wearing the
assigned UN uniform with blue caps and a blue patches replacing the
American flag on the right shoulder.

New was removed from the parade grounds, informed that he was facing a
court-martial and read his rights.

Thereafter, the remaining American troops came to attention and saluted
General Jehu Engstrom of Finland who would be their military commander for
the next six months.

Within days of New's removal, letters began arriving on Capitol Hill and at
the Pentagon supporting the young soldier's stand. Ten of those letters
came from senior sergeants at Ft. Bragg, North Carolina, each of whom
proudly wears a green beret.

During New's court martial on January 15, 1995, judge LTC Gary Jewell
rendered a judgment by declaring that orders to wear the UN insignia were
lawful. Jewell refused to allow the defense to present hundreds of pages of
evidence.

New's attorneys argue that the judge's actions were unconstitutional, that
the critical element of defense had been denied.

The appeals court decision, the final military review for New's case, is
expected within several months.

If the court-martial is vacated, the case goes back to the Army, which then
has several options, ranging from ordering a new court-martial to awarding
an honorable discharge.

If the court-martial is upheld, the door is then opened for a petition to
the Supreme Court to overturn the decision.




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without profit or payment to those who have expressed a prior interest
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purposes only.[Ref. http://www.law.cornell.edu/uscode/17/107.shtml ]

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